Criminal Procedure Act 2011

Suppression of names

200 Court may suppress identity of defendant

(1)

A court may make an order forbidding publication of the name, address, or occupation of a person who is charged with, or convicted or acquitted of, an offence.

(2)

The court may make an order under subsection (1) only if the court is satisfied that publication would be likely to—

(a)

cause extreme hardship to the person charged with, or convicted of, or acquitted of the offence, or any person connected with that person; or

(b)

cast suspicion on another person that may cause undue hardship to that person; or

(c)

cause undue hardship to any victim of the offence; or

(d)

create a real risk of prejudice to a fair trial; or

(e)

endanger the safety of any person; or

(f)

lead to the identification of another person whose name is suppressed by order or by law; or

(g)

prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or

(h)

prejudice the security or defence of New Zealand.

(3)

The fact that a defendant is well known does not, of itself, mean that publication of his or her name will result in extreme hardship for the purposes of subsection (2)(a).

(4)

Despite subsection (2), when a person who is charged with an offence first appears before the court the court may make an interim order under subsection (1) if that person advances an arguable case that one of the grounds in subsection (2) applies.

(5)

An interim order made in accordance with subsection (4) expires at the person’s next court appearance, and may only be renewed if the court is satisfied that one of the grounds in subsection (2) applies.

(6)

When determining whether to make an order or further order under subsection (1) that is to have effect permanently, a court must take into account any views of a victim of the offence conveyed in accordance with section 28 of the Victims’ Rights Act 2002.

Compare: 1985 No 120 s 140(1), (4A)